62.700 Assumption of the Risk Defense

62.700 Assumption of the Risk Defense Every person has the duty to exercise ordinary care for his/her own safety. If a person discovers a product's defect and is aware of the danger but nevertheless proceeds unreasonably to make use of the product, taking a risk which in and of itself amounts to a failure to exercise ordinary care for his/her safety, he/she cannot later hold another person responsible for any injury suffered due to taking such a risk. If you find by a preponderance of the evidence that a. the plaintiff knew of the danger posed by the defective product, b. the plaintiff understood and appreciated the risks of that defect, and c. the plaintiff knowingly and voluntarily exposed himself/herself to such a risk, then the plaintiff would not be entitled to recover, and you would return a verdict for the defendant. Center Chemical Co. v. Parzini, 234 Ga. 868 (1975) Sharpnack v. Hoffinger Industries Inc., 223 Ga. App. 833 (1996) Raymond v. Amanda Co., LTD., 925 F. Supp. 1572 (N.D. Ga. 1996)